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KEKER & VAN NEST, LLP 
JOHN W. KEKER - #49092 
HENRY C. BUNSOW - #60707 
MICHAEL H. PAGE - #154913 
710 Sansome Street 

San Francisco, CA 941 1 1-1704 OCT 2 6 ?(\M 

Telephone: (415)391-5400 uu ' 
Facsimile: (415)397-7188 


ORIGINAL 
FILED 


FINNEGAN, HENDERSON, FARABOW, 
GARRETT & DUNNER, LLP 
CHRISTOPHER P. ISAAC 
1300 1 Street, N.W. 
Washington, D.C. 20005-3314 
Telephone: (202)408-4000 
Facsimile: (202)408-4400 

Attorneys for Plaintiff 

INTERTRUST TECHNOLOGIES CORPORATION 


UNITED STATES DISTRICT COURT 
NORTHERN DISTRICT OF CALIFORNIA 


INTERTRUST TECHNOLOGIES 

CORPORATION, 

a Delaware corporation, 


Plaintiff, 


MICROSOFT CORPORATION, a 
Washington corporation, 


Defendant. 


Case No. C 01 1640 SBA 

THIRD AMENDED COMPLAINT FOR 
INFRINGEMENT OF U.S. PATENT NOS. 
6,185,683 Bl; 6,253,193 Bl; 5,940, 504; 
5,920,861; 5,892,900; 5,982,891; AND 
5,917,912. 


DEMAND FOR JURY TRIAL 


Plaintiff INTERTRUST TECHNOLOGIES CORPORATION (hereafter "InterTrust") 
hereby complains of Defendant MICROSOFT CORPORATION (hereafter "Microsoft"), and 
alleges as follows: 

JURISDICTION AND VENUE 
1 . This action for patent infringement arises under the patent laws of the United States, 


3rd AM. CMPLT FOR INFRINGEMENT OF U.S. PATENT NOS. 6,185,683 Bl; 6.253.193 Bl; 5.940404; 5, 920.861; 
5,892.900; 5.982,891; & 5,917,912; CASE NO. C 01 1640 SBA 


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Title 35, United States Code, more particularly 35 U.S.C. §§ 271 and 281. 

2. This Court has subject matter jurisdiction under 28 U.S.C. §§ 1331 and 1338(a). 

3. Venue is proper in this judicial district under 28 U.S.C. §§ 1 391(c) and 1400(b). 

THE PARTIES 

4. Plaintiff InterTrust is a Delaware corporation with its principal place of business 
it 4750 Patrick Henry Drive, Santa Clara, California. 

5. InterTrust is informed and believes, and on that basis alleges, that Defendant 
Microsoft is a Washington Corporation with its principal place of business at One Microsoft 
Way, Redmond, Washington. 

6. InterTrust is informed and believes, and on that basis alleges, that Defendant 
Microsoft does business in this judicial district and has committed and is continuing to commit 
icts of infringement in this judicial district. 

7. InterTrust is the owner of United States Patent No. 6,185,683 Bl, entitled 
Trusted and secure techniques, systems and methods for item delivery and execution" ("the 
683 patent"), duly and lawfully issued on February 6, 2001. 

8. InterTrust is the owner of United States Patent No. 6,253, 193 B 1, entitled 
'Systems and methods for secure transaction management and electronic rights protection" ("the 
193 patent"), duly and lawfully issued on June 26, 2001. 

9. InterTrust is the owner of United States Patent No. 5,940,504, entitled "Licensing 
nanagement system and method in which datagrams including an address of a licensee and 
ndicative of use of a licensed product are sent from the licensee's site" ("the *504 patent"), duly 
ind lawfully issued on August 17, 1999. 

10. InterTrust is the owner of United States Patent No. 5,920,861, entitled 
Techniques for defining, using and manipulating rights management data structures" ("the '861 
•atent"), duly and lawfully issued on July 6, 1999. 

1 1 . InterTrust is the owner of United States Patent No. 5,892,900, entitled "Systems 
nd methods for secure transaction management and electronic rights protection" ("the '900 
latent"), duly and lawfully issued on April 6, 1999. 


3rd AM. CMPLT FOR INFRINGEMENT OF U.S. PATENT NOS. 6.185.683 Bl; 6,253.193 Bl; 5.940.504; 5, 920.861; 
5,892.900; 5.982,891; & 5,917,912; CASE NO. C 01 1640 SBA 


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12. InterTrust is the owner of United States Patent No. 5,982,891, entitled "Systems 
ind methods for secure transaction management and electronic rights protection" ("the '891 
latent"), duly and lawfully issued on November 9, 1999. 

13. InterTrust is the owner of United States Patent No. 5,917,912 entitled "System 
md methods for secure transaction management and electronic rights protection" ("the '912 
>atent"), duly and lawfully issued on June 29, 1999. 

FIRST CLAIM FOR RELIEF 

14. InterTrust hereby incorporates by reference paragraphs 1-7 as if restated herein. 

1 5. This is a claim for patent infringement under 35 U.S.C. §§ 27 1 and 28 1 . 

16. InterTrust is informed and believes, and on that basis alleges, that Microsoft has 
«en and is infringing the '683 patent under § 271(a) by making and using systems incorporating 
Windows Media Player Versions 7 and 8. In addition, on information and belief, InterTrust 
lieges that Microsoft is making and using other systems and/or is in the process of developing 
ither systems, which infringe the '683 patent under § 271(a). InterTrust is further informed and 
elieves, and on that basis alleges, that Microsoft's infringement of the '683 patent under 
271(a) will continue unless enjoined by this Court. 

17. InterTrust is informed and believes, and on that basis alleges, that Microsoft has 
een and is knowingly and intentionally inducing others to infringe directly the '683 patent under 
271(a), thereby inducing infringement of the '683 patent under § 271(b). InterTrust is further 
lformed and believes that Microsoft's inducement has at least included the manner in which 
licrosoft has promoted and marketed use of Windows Media Player Versions 7 and 8. 
iterTrust is further informed and believes, and on that basis alleges, that Microsoft's 
ifringement of the '683 patent under §27 1(b) will continue unless enjoined by this Court. 

18. InterTrust is informed and believes, and on that basis alleges, that Microsoft has 
een and is contributorily infringing the '683 patent under § 271(c) by providing digital rights 
lanagement software and related functions especially made or especially adapted for infringing 
se and not staple articles or commodities of commerce suitable for substantial noninfringing 


3rd AM. CMPLT FOR INFRINGEMENT OF U.S. PATENT NOS. 6.185.683 Bl; 6.253,193 Bl; 5,940.504; 5, 920,861; 
5,892.900; 5,982.891; & 5.917.912; CASE NO. C 01 1640 SBA 


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use, including at least Windows Media Player Versions 7 and 8. InterTrust is further informed 
and believes, and on that basis alleges, that Microsoft's infringement of the '683 patent under 
§271(c) will continue unless enjoined by this Court. 

19. InterTrust is informed and believes, and on that basis alleges, that Microsoft is 
willfully infringing the '683 patent in the manner described above in paragraphs 16 through 18, 
Mid will continue to do so unless enjoined by this Court. 

20. InterTrust is informed and believes, and on that basis alleges, that Microsoft has 
ierived and received, and will continue to derive and receive from the aforesaid acts of 
nfringement gains, profits, and advantages, tangible and intangible, the extent of which are not 
>resently known to InterTrust. By reason of the aforesaid acts of infringement, InterTrust has 
>een, and will continue to be, irreparably harmed. 

SECOND CLAIM FOR RELIEF 

21 . InterTrust hereby incorporates by reference paragraphs 1-6 and 8 as if restated 

lerein. 

22. This is a claim for patent infringement under 35 U.S.C. §§ 271 and 281 . 

23. InterTrust is informed and believes, and on that basis alleges, that Microsoft has 
»een and is infringing the '193 patent under § 271(a) by using Windows Media Player Versions 
' and 8. In addition, on information and belief, InterTrust alleges that Microsoft is making and 
ising other systems and/or is in the process of developing other systems, which infringe the '193 
latent under § 271(a). InterTrust is further informed and believes, and on that basis alleges, that 
Microsoft's infringement of the '193 patent under §271(a) will continue unless enjoined by this 
'ourt. 

24. InterTrust is informed and believes, and on that basis alleges, that Microsoft has 
een and is knowingly and intentionally inducing others to infringe directly the '193 patent under 
271(a), thereby inducing infringement of the '193 patent under § 271(b). InterTrust is further 
rformed and believes that Microsoft's inducement has at least included the manner in which 
licrosoft has promoted and marketed use of Windows Media Player Versions 7 and 8. 
rterTrust is further informed and believes, and on that basis alleges, that Microsoft's 


3rd AM. CMPLT FOR INFRINGEMENT OF U.S. PATENT NOS. 6.185.683 BI;6,253,I93 Bl; 5.940,504; S, 920,861; 
5.892.900; 5.982.891; & 5.917.912; CASE NO. C 01 1640 SBA 


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infringement of the 4 193 patent under §271(b) will continue unless enjoined by this Court. 

25. InterTrust is informed and believes, and on that basis alleges, that Microsoft has 
been and is contributorily infringing the '193 patent under § 271(c) by providing digital rights 
management software and related functions especially made or especially adapted for infringing 
use and not staple articles or commodities of commerce suitable for substantial noninfringing 
use, including at least Windows Media Player Versions 7 and 8. InterTrust is further informed 
and believes, and on that basis alleges, that Microsoft's infringement of the '193 patent under 
§271(c) will continue unless enjoined by this Court. 

26. InterTrust is informed and believes, and on that basis alleges, that Microsoft is 
willfully infringing the 493 patent in the manner described above in paragraphs 23 through 25, 
and will continue to do so unless enjoined by this Court. 

27. InterTrust is informed and believes, and on that basis alleges, that Microsoft has 
derived and received, and will continue to derive and receive from the aforesaid acts of 
infringement gains, profits, and advantages, tangible and intangible, the extent of which are not 
presently known to InterTrust. By reason of the aforesaid acts of infringement, InteiTrust has 
been, and will continue to be, irreparably harmed. 

THIRD CLAIM FOR RELIEF 

28. InterTrust hereby incorporates by reference paragraphs 1-6 and 9 as if restated 

herein. 

29. This is a claim for patent infringement under 35 U.S.C. §§ 271 and 281. 

30. InterTrust is informed and believes, and on that basis alleges, that Microsoft has 
been and is infringing the 4 504 patent under § 271(a) by Microsoft's use of the Product 
Activation feature of Windows XP, Office XP, and other Microsoft products. In addition, on 
information and belief, InterTrust alleges that Microsoft is making and using other systems 
and/or is in the process of developing other systems, which infringe the '504 patent under § 
271(a). InteiTrust is further informed and believes, and on that basis alleges, that Microsoft's 
infringement of the '504 patent under §27 1(a) will continue unless enjoined by this Court. 

3 1 . InterTrust is informed and believes, and on that basis alleges, that Microsoft has 

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3rd AM. CMPLT FOR INFRINGEMENT OF U.S. PATENT NOS. 6,185,683 B 1; 6,253.193 B l; 5,940.504; 5, 920,861 ; 
5,892.900; 5,982,891; & 5.917,912; CASE NO. C 01 1640 SBA 


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been and is knowingly and intentionally inducing others to infringe directly the '504 patent under 
§ 271(a), thereby inducing infringement of the *504 patent under § 271(b). InteiTrust is further 
informed and believes that Microsoft's inducement has at least included the manner in which 
Microsoft has promoted and marketed use of the Product Activation feature of Windows XP, 
Office XP, and other Microsoft products. InterTrust is further informed and believes, and on that 
basis alleges, that Microsoft's infringement of the 4 504 patent under §271(b) will continue unless 
enjoined by this Court. 

32. InterTrust is informed and believes, and on that basis alleges, that Microsoft has 
been and is contributorily infringing the '504 patent under § 271(c) by providing digital rights 
management software and related functions especially made or especially adapted for infringing 
use and not staple articles or commodities of commerce suitable for substantial noninfringing 
use, including the Product Activation feature of Windows XP, Office XP, and other Microsoft 
products. InterTrust is further informed and believes, and on that basis alleges, that Microsoft's 
infringement of the '504 patent under §271(c) will continue unless enjoined by this Court. 

33. InterTrust is informed and believes, and on that basis alleges, that Microsoft is 
willfully infringing the '504 patent in the manner described above in paragraphs 30 through 32, 
and will continue to do so unless enjoined by this Court. 

34. InteiTrust is informed and believes, and on that basis alleges, that Microsoft has 
derived and received, and will continue to derive and receive from the aforesaid acts of 
infringement gains, profits, and advantages, tangible and intangible, the extent of which are not 
presently known to InterTrust. By reason of the aforesaid acts of infringement, InteiTrust has 
been, and will continue to be, irreparably harmed. 

FOURTH CLAIM FOR RELIEF 

35. InterTrust hereby incorporates by reference paragraphs 1-6 and 10 as if restated 

herein. 

36. This is a claim for patent infringement under 35 U.S.C. §§ 271 and 281. 

37. InteiTrust is informed and believes, and on that basis alleges, that Microsoft has 
been and is infringing the '861 patent under § 271(a) by making, using, selling, and offering for 

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3rd AM. CMPLT FOR INFRINGEMENT OF U.S. PATENT NOS. 6,185,683 Bl; 6,253.193 BI; 5,940.504; 5. 920,861; 
5,892.900; 5.982.891; & 5,917.912; CASE NO. C 01 1640 SBA 


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\ \ 


;ale digital rights management software incorporating inventions claimed in the 4 861 patent, 
ncluding but not limited to the Digital Asset Server and Microsoft Reader. In addition, on 
nformation and belief, InteiTrust alleges that Microsoft is making and using other systems 
ind/or is in the process of developing other systems, including Microsoft's .NET architecture, 
vhich infringe the '86 J patent under § 271(a). InterTrust is further informed and believes, and 
>n that basis alleges, that Microsoft's infringement of the 4 861 patent under §271(a) will 
:ontinue unless enjoined by this Court. 

38. InterTrust is informed and believes, and on that basis alleges, that Microsoft has 
>een and is knowingly and intentionally inducing others to infringe directly the '861 patent under 
\ 271(a), thereby inducing infringement of the 4 861 patent under § 271(b). InteiTrust is further 
nformed and believes that Microsoft's inducement has at least included the manner in which 
Microsoft has promoted and marketed use of Digital Asset Server, Microsoft Reader, and the 
NET architecture. InterTrust is further informed and believes, and on that basis alleges, that 
Microsoft's infringement of the '861 patent under §271(b) will continue unless enjoined by this 
?ourt. 

39. InterTrust is informed and believes, and on that basis alleges, that Microsoft has 
een and is contributor! ly infringing the '861 patent under § 271(c) by providing digital rights 
management software and related functions especially made or especially adapted for infringing 
se and not staple articles or commodities of commerce suitable for substantial noninfringing 
se, including but not limited to the Digital Asset Server and Microsoft Reader. InterTrust is 
jrther informed and believes, and on that basis alleges, that Microsoft's infringement of the 
361 patent under §271(c) will continue unless enjoined by this Court. 

40. InterTrust is informed and believes, and on that basis alleges, that Microsoft is 
willfully infringing the '861 patent in the manner described above in paragraphs 37 through 39, 
nd will continue to do so unless enjoined by this Court. 

41 . InteiTrust is informed and believes, and on that basis alleges, that Microsoft has 
erived and received, and will continue to derive and receive from the aforesaid acts of 
ifringement gains, profits, and advantages, tangible and intangible, the extent of which are not 


3rd AM. CMPLT FOR INFRINGEMENT OF U.S. PATENT NOS. 6. 1 85,683 B I ; 6,253.1 93 B I ; 5,940,504; 5, 920,861 ; 
5.892,900; 5,982.891; & 5,917,912; CASE NO. C 01 1640 SBA 


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presently known to InterTrust. By reason of the aforesaid acts of infringement, InterTrust has 
been, and will continue to be, irreparably harmed. 

FIFTH CLAIM FOR RELIEF 

42. InterTrust hereby incorporates by reference paragraphs 1-6 and 11 as if restated 

terein. 

43. This is a claim for patent infringement under 35 U.S.C. §§ 271 and 281. 

44. InterTrust is informed and believes, and on that basis alleges, that Microsoft has 
jeen and is infringing the '900 patent under § 271(a) by Microsoft's use of the Product 
\ctivation feature of Windows XP, Office XP, and other Microsoft products. In addition, on 
nformation and belief, InterTrust alleges that Microsoft is making and using other systems 
»nd/or is in the process of developing other systems, which infringe the '900 patent under § 
171(a). InterTrust is further informed and believes, and on that basis alleges, that Microsoft's 
nfringement of the '900 patent under §271(a) will continue unless enjoined by this Court. 

45. InterTrust is informed and believes, and on that basis alleges, that Microsoft has 
>een and is knowingly and intentionally inducing others to infringe directly the '900 patent under 
t 271(a), thereby inducing infringement of the '900 patent under § 271(b). InterTrust is further 
nformed and believes that Microsoft's inducement has at least included the manner in which 
Microsoft has promoted and marketed use of the Product Activation feature of Windows XP, 
)ffice XP, and other Microsoft products. InterTrust is further informed and believes, and on that 
»asis alleges, that Microsoft's infringement of the '900 patent under §271(b) will continue unless 
njoined by this Court. 

46. InterTrust is informed and believes, and on that basis alleges, that Microsoft has 
«en and is contributorily infringing the '900 patent under § 271(c) by providing digital rights 
nanagement software and related functions especially made or especially adapted for infringing 
ise and not staple articles or commodities of commerce suitable for substantial noninfringing 
se, including the Product Activation feature of Windows XP, Office XP, and other Microsoft 
roducts. InterTrust is further informed and believes, and on that basis alleges, that Microsoft's 
ifringement of the '900 patent under §271(c) will continue unless enjoined by this Court. 


3rd AM. CMPLT FOR INFRINGEMENT OF U.S. PATENT NOS. 6,185,683 Bl; 6^53.193 Bl; 5.940.504: 5. 920.861; 
5.892.900; 5.982.891; & 5,917,912; CASE NO. C 01 1640 SBA 


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47. InterTrust is informed and believes, and on that basis alleges, that Microsoft is 
willfully infringing the '900 patent in the manner described above in paragraphs 44 through 46, 
and will continue to do so unless enjoined by this Court. 

48. InterTrust is informed and believes, and on that basis alleges, that Microsoft has 
derived and received, and will continue to derive and receive from the aforesaid acts of 
infringement gains, profits, and advantages, tangible and intangible, the extent of which are not 
presently known to InterTrust. By reason of the aforesaid acts of infringement, InterTrust has 
been, and will continue to be, irreparably harmed. 

SIXTH CLAIM FOR RELIEF 

49. InterTrust hereby incorporates by reference paragraphs 1-6 and 12 as if restated 

herein. 

50. This is a claim for patent infringement under 35 U.S.C. §§ 271 and 281. 

5 1 . InterTrust is informed and believes, and on that basis alleges, that Microsoft has 
been and is infringing the '891 patent under § 271(a) by Microsoft's implementation of its .NET 
architecture. In addition, on information and belief, InterTrust alleges that Microsoft is making 
and using other systems and/or is in the process of developing other systems, which infringe the 
*891 patent under § 271(a). InterTrust is further informed and believes, and on that basis alleges, 
that Microsoft's infringement of the '891 patent under §271(a) will continue unless enjoined by 
this Court. 

52. InterTrust is informed and believes, and on that basis alleges, that Microsoft has 
been and is knowingly and intentionally inducing others to infringe directly the '891 patent under 
§ 271(a), thereby inducing infringement of the '891 patent under § 271(b). InterTrust is further 
informed and believes that Microsoft's inducement has at least included the manner in which 
Microsoft has promoted and marketed use of its .NET architecture. InterTrust is further 
informed and believes, and on that basis alleges, that Microsoft's infringement of the '891 patent 
under §27 1 (b) will continue unless enjoined by this Court. 

53. InterTrust is informed and believes, and on that basis alleges, that Microsoft has 

' 9 

3fd AM. CMPLT FOR INFRINGEMENT OF U.S. PATENT NOS. 6.185.683 Bl; 6.253.193 Bl; 5.940.504; 5. 920.861; 
5.892,900; 5.982.891; & 5.917.912; CASE NO. C 01 1640 SBA 


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been and is contributorily infringing the '891 patent under § 271(c) by providing .NET software 
and related functions especially made or especially adapted for infringing use and not staple 
articles or commodities of commerce suitable for substantial noninfringing use. InterTrust is 
further informed and believes, and on that basis alleges, that Microsoft's infringement of the 
'891 patent under §271(c) will continue unless enjoined by this Court. 

54. InterTrust is informed and believes, and on that basis alleges, that Microsoft is 
willfully infringing the '891 patent in the manner described above in paragraphs 51 through 53, 
and will continue to do so unless enjoined by this Court. 

55. InterTrust is informed and believes, and on that basis alleges, that Microsoft has 
derived and received, and will continue to derive and receive from the aforesaid acts of 
infringement gains, profits, and advantages, tangible and intangible, the extent of which are not 
presently known to InterTrust. By reason of the aforesaid acts of infringement, InterTrust has 
been, and will continue to be, irreparably harmed. 

SEVENTH CLAIM FOR RELIEF 

56. InterTrust hereby incorporates by reference paragraphs 1-6 and 13 as if restated 

herein. 

57. This is a claim for patent infringement under 35 U.S.C. §§ 271 and 281. 

58. InterTrust is informed and believes, and on that basis alleges, that Microsoft has 
been and is infringing the 4 912 patent under § 271(a) by Microsoft's implementation of its .NET 
architecture. In addition, on information and belief, InterTrust alleges that Microsoft is making 
and using other systems and/or is in the process of developing other systems, which infringe the 
'912 patent under § 271(a). InterTrust is further informed and believes, and on that basis alleges, 
that Microsoft's infringement of the '912 patent under §27 1(a) will continue unless enjoined by 
this Court. 

59. InterTrust is informed and believes, and on that basis alleges, that Microsoft has 

been and is knowingly and intentionally inducing others to infringe directly the '912 patent under 

§ 271(a), thereby inducing infringement of the '912 patent under § 271(b). InteiTrust is further 

informed and believes that Microsoft's inducement has at least included the manner in which 

io 

3rd AM. CMPLT FOR INFRINGEMENT OF U.S. PATENT NOS. 6,185.683 Bl; 6.253.193 Bl; 5.940,504; 5, 920.861; 
5,892.900; 5.982.891; & 5.917.912; CASE NO. C 01 1640 SBA 


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Microsoft has promoted and marketed use of its .NET architecture. InterTrust is further 
informed and believes, and on that basis alleges, that Microsoft's infringement of the '912 patent 
under §27 1(b) will continue unless enjoined by this Court. 

60. InterTrust is informed and believes, and on that basts alleges, that Microsoft has 
been and is contributorily infringing the '912 patent under § 271(c) by providing .NET software 
and related functions especially made or especially adapted for infringing use and not staple 
articles or commodities of commerce suitable for substantial noninfringing use. InterTrust is 
further informed and believes, and on that basis alleges, that Microsoft's infringement of the 
'912 patent under §271(c) will continue unless enjoined by this Court. 

61. InterTrust is informed and believes, and on that basis alleges, that Microsoft is 
willfully infringing the '912 patent in the manner described above in paragraphs 58 through 60, 
and will continue to do so unless enjoined by this Court. 

62. InterTrust is informed and believes, and on that basis alleges, that Microsoft has 
derived and received, and will continue to derive and receive from the aforesaid acts of 
infringement gains, profits, and advantages, tangible and intangible, the extent of which are not 
presently known to InterTrust. By reason of the aforesaid acts of infringement, InterTrust has 
been, and will continue to be, irreparably harmed. 

PRAYER FOR RELIEF 

WHEREFORE, InterTrust prays for relief as follows: 

A. That Microsoft be adjudged to have infringed the 4 683 patent under 35 U.S.C. § 

271(a); 

B. That Microsoft be adjudged to have infringed the '683 patent under 35 U.S.C. § 
11 1(b) by inducing others to infringe directly the '683 patent under 35 U.S.C. § 271(a); 

C. That Microsoft be adjudged to have contributorily infringed the '683 patent under 
55 U.S.C. § 271(c); 

D. That Microsoft be adjudged to have willfully infringed the '683 patent under 35 

J.S.C.§§ 271(a), <b), and (c); 
n 

3rd AM. CMPLT FOR INFRINGEMENT OF U.S. PATENT NOS. 6,185.683 Bl; 6.253.193 Bl; 5,940,504; 5, 920,861; 
5,892,900; 5,982.891; & 5.917.912; CASE NO. C 01 1640 SBA 


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E. That Microsoft, its officers, agents, servants, employees and attorneys, and those 
persons in active concert or participation with them be preliminarily and permanently restrained 
and enjoined under 35 U.S.C. § 283 from directly or indirectly infringing the '683 patent; 

F. That Microsoft be adjudged to have infringed the 4 193 patent under 35 U.S.C. § 

271(a); 

G. That Microsoft be adjudged to have infringed the 4 193 patent under 35 U.S.C. § 
271(b) by inducing others to infringe directly the '193 patent under 35 U.S.C. § 271(a); 

H. That Microsoft be adjudged to have contributorily infringed the '193 patent under 
35U.S.C. § 271(c); 

I. That Microsoft be adjudged to have willfully infringed the 4 193 patent under 35 
U.S.C.§§ 271(a), (b), and (c); 

J. That Microsoft, its officers, agents, servants, employees and attorneys, and those 
persons in active concert or participation with them be preliminarily and permanently restrained 
and enjoined under 35 U.S.C. § 283 from directly or indirectly infringing the '193 patent; 

K. That Microsoft be adjudged to have infringed the '504 patent under 35 U.S.C. § 

271(a); 

L. That Microsoft be adjudged to have infringed the '504 patent under 35 U.S.C. § 
271(b) by inducing others to infringe directly the 4 504 patent under 35 U.S.C. § 271(a); 

M. That Microsoft be adjudged to have contributorily infringed the 4 504 patent under 
35U.S.C. § 271(c); 

N. That Microsoft be adjudged to have willfully infringed the 4 504 patent under 35 
U.S.C. §§ 271(a), (b), and (c); 

O. That Microsoft, its officers, agents, servants, employees and attorneys, and those 
persons in active concert or participation with them be preliminarily and permanently restrained 
and enjoined under 35 U.S.C. § 283 from directly or indirectly infringing the '504 patent; 

P. That this Court award damages to compensate InterTrust for Microsoft's 
infringement, as well as enhanced damages, pursuant to 35 U.S.C. § 284; 

Q. That this Court adjudge this case to be exceptional and award reasonable 

12 

3rd AM. CMPLT FOR INFRINGEMENT OF U.S. PATENT NOS. 6.185.683 Bl; 6.253.193 Bl; 5.940.504; 5, 920.861; 
5.892.900; 5,982.891; & 5.917.912; CASE NO, C 01 1640 SB A 


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attorney's fees to InterTrust pursuant to 35 U.S.C. § 285; 

R. That Microsoft be adjudged to have infringed the l 86 1 patent under 35 U.S.C. § 

271(a); 

S. That Microsoft be adjudged to have infringed the '861 patent under 35 U.S.C. § 
271(b) by inducing others to infringe directly the '861 patent under 35 U.S.C. § 271(a); 

T. That Microsoft be adjudged to have contributorily infringed the '861 patent under 
35U.S.C. §.271(c); 

U. That Microsoft be adjudged to have willfully infringed the '861 patent under 35 
U.S.C. §§ 271(a), (b), and (c); 

V. That Microsoft, its officers, agents, servants, employees and attorneys, and those 
persons in active concert or participation with them be preliminarily and permanently restrained 
and enjoined under 35 U.S.C. § 283 from directly or indirectly infringing the '861 patent; 

W. That Microsoft be adjudged to have infringed the '900 patent under 35 U.S.C. § 

271(a); 

X. That Microsoft be adjudged to have infringed the '900 patent under 35 U.S.C. § 
271(b) by inducing others to infringe directly the '900 patent under 35 U.S.C. § 271(a); 

Y. That Microsoft be adjudged to have contributorily infringed the '900 patent under 
35 U.S.C. § 271(c); 

Z. That Microsoft be adjudged to have willfully infringed the '900 patent under 35 
U.S.C.§§ 271(a), (b), and (c); 

AA. That Microsoft, its officers, agents, servants, employees and attorneys, and those 
persons in active concert or participation with them be preliminarily and permanently restrained 
and enjoined under 35 U.S.C. § 283 from directly or indirectly infringing the '900 patent; 

BB. That Microsoft be adjudged to have infringed the '891 patent under 35 U.S.C. § 

271(a); 

CC. That Microsoft be adjudged to have infringed the '891 patent under 35 U.S.C. § 
271(b) by inducing others to infringe directly the '891 patent under 35 U.S.C. § 271(a); 

DD. That Microsoft be adjudged to have contributorily infringed the '891 patent under 

13 

3rd AM. CMPLT FOR INFRINGEMENT OF U.S. PATENT NOS. 6,185.683 Bl: 6.253.193 Bl ; 5.940.504; 5. 920.861 ; 
5.892.900; 5.982.891; & 5.917,912; CASE NO. C 01 1640 SBA 


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35 U.S.C. § 271(c); 

EE. That Microsoft be adjudged to have willfully infringed the '891 patent under 35 
U.S.C. §§ 271(a), (b), and (c); 

FF. That Microsoft, its officers, agents, servants, employees and attorneys, and those 
persons in active concert or participation with them be preliminarily and permanently restrained 
and enjoined under 35 U.S.C. § 283 from directly or indirectly infringing the '891 patent; 

GG. That Microsoft be adjudged to have infringed the '912 patent under 35 U.S.C. § 

271(a); 

HH. That Microsoft be adjudged to have infringed the '912 patent under 35 U.S.C. § 
271(b) by inducing others to infringe directly the '912 patent under 35 U.S.C. § 271(a); 

II. That Microsoft be adjudged to have contributorily infringed the '912 patent under 

35 U.S.C. § 271(c); 

JJ. That Microsoft be adjudged to have willfully infringed the '912 patent under 35 
U.S.C. §§ 271(a), (b), and (c); 

KK. That Microsoft, its officers, agents, servants, employees and attorneys, and those 
persons in active concert or participation with them be preliminarily and permanently restrained 
and enjoined under 35 U.S.C. § 283 from directly or indirectly infringing the '912 patent; 

LL. That this Court assess pre-judgment and post-judgment interest and costs against 
Microsoft, and award such interest and costs to InterTrust, pursuant to 35 U.SXL § 284; and 

MM. That InterTrust have such other and further relief as the Couiyma}} deem proper. 

Dated: October 26, 2001 KEKER'£~VANNpjK LLP 

By M^kAELH. PAGE 
Attorneys for Plaintiff 
INTERTRUST TECHNOLOGIES 
CORPORATION 


14 


3rd AM. CMPLT FOR INFRINGEMENT OF U.S. PATENT NOS. 6.185,683 Bl;6.253.193 Bl. 5.940,504; 5.920.861; 
5,892,900; 5.982.891; & 5.917,912; CASE NO. C 01 1640 SB A 


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DEMAND FOR JURY TRIAL 

Plaintiff InterTrust herby demands a trial by jury as to all issues triable by jury, 
specifically including, but not limited to, the issue of infringement of United States Patent Nos. 
6,185,683 Bl; 6,253,193 Bl; 5,940,504; 5,920,861; 5,892,900; 5,982,891; and 5,917, 912. 


Dated: October 26, 2001 KEKER & VAN NEST, 



MICHAEL H. PAGE 
Attorneys for Plaintiff 
INTERTRUST TECHNOLOGIES 
CORPORATION 


is 


3rd AM. CMPLT FOR INFRINGEMENT OF U.S. PATENT NOS. 6,185.683 Bl; 6,253,193 Bl; 5.940.504; 5. 920.861; 
5.892,900; 5.982.891; & 5.917,912; CASE NO. C 01 1640 SBA 


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